Title IX is a federal law passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Key areas addressed by Title IX include:  athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; employment; and retaliation.

Title IX of the Education Amendments of 1972 is one of several federal and state anti-discrimination laws that ensure equality in education.  New Title IX regulations were recently adopted by the Federal Government which specifically focus on how school districts investigate sexual harassment.

Title IX requires that each school district have at least one person designated as the Title IX Coordinator to whom concerns or complaints regarding sex discrimination can be made.

Dr. Anthony Martin
Email: anthony.martin@burtonschools.org
Phone: (559) 782-5954 

Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (OCR).  If a crime is involved, such as sexual assault or rate, individuals may also file a report with the local police department.  A person may pursue one or all of the avenues at the same time.

District Complaint
Students or parents/guardians should report their verbal or written Title IX complaint to the school administrator to be forwarded to the District’s Title IX Coordinator, or directly to the District’s Title IX Coordinator. Employees shall report a Title IX complaint directly to or forwarded to the District’s Title IX Coordinator.  Complainants have a right to a timely resolution of their complaints. The complaint procedures described in Burton School District Administrative Regulation shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a District student or employee was subjected to one or more forms of sexual harassment.

If the complainant attempts to address concerns at the school site or local District and is dissatisfied, the complainant may also file a written Uniform Complaint Procedures (UCP).  See Uniform complaint forms Uniform Complaint Forms.  This will begin the investigation process under UCP which must be completed within 60 days. The UCP process requires that a complaint be filed within 6 months of the date the complainant became aware of the alleged violation.  If more than 6 months have passed, the complainant may file a UCP and request an extension of the timeline, which must be approved by either the District Coordinator  or Superintendent.  An appeal of the Educational Equity Compliance Office’s findings may be made to the California Department of Education Office of Educational Equity.

OCR Complaint
To file a Title IX complaint, you can go to the following OCR Website which will guide you through the complaint filing.

OCR requires that the complaint be filed within 180 calendar days after the alleged violation.  As set forth in OCR’s complaint form, the reporter can request a waiver of this requirement by explaining why the complaint was delayed.  Please contact OCR, or visit the website above if you have any questions or concerns about this time requirement.

Training for Title IX Team Members:

• 23-24 Burton Title IX Training

"Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, made by someone from, or in, the work or educational setting under any of the following conditions:

1. When submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status, or progress.
2. When submission to, or rejection of, the conduct by the individual is used as the basis of academic decisions affecting the individual.
3. When the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive educational environment.
4. When submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs or activities available at, or through, the educational institution.

EXAMPLES OF SEXUAL HARASSMENT
Sexual harassment may occur as a pattern of degrading sexual speech or action ranging from verbal or physical annoyances or distractions to deliberate intimidations and frank threats or sexual demands.  Such conduct may constitute sexual harassment.

Forms of sexual harassment include, but are not limited to the following:

1. Verbal Harassment - Derogatory comments, jokes, or slurs; graphic verbal abuse of a sexual nature; comments about an individual's body/dress, sexual preferences or sexual conduct; sexually degrading words used to demean, label, or describe an individual; or, spreading sexual rumors.
2. Physical Harassment - Unnecessary or offensive touching, or impeding or blocking movement.
3. Visual Harassment - Derogatory or offensive posters, cards, cartoons, graffiti, drawings, or gestures; suggestive or obscene letters, notes or invitations; the display in the educational environment of sexually suggestive objects or pictures.
4. Sexual Favors - Unwelcome sexual advances, requests for sexual favors, unwelcome sexual flirtations or propositions.

RETALIATION
The District prohibits retaliatory behavior against any complainant as a result of a negative response to sexual advances or the making of an informal or formal complaint alleging sexual harassment.

• Board Policies

Burton School District
Title IX Coordinator
Dr. Anthony Martin
Email: anthony.martin@burtonschools.org
Phone: (559) 782-5954